THIS AGREEMENT (“Agreement”) DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE websites (newyorkturfclub.com, NYTC Site) WEB SITE AND THE SERVICES AVAILABLE THEREON (“New York Turf Club” or “Services”). By clicking in the box on the NYTC Site indicating your acceptance of these terms and conditions, you represent that you have read, understand and agree to this Agreement and are legally bound to the terms and conditions of this Agreement. As used in this Agreement, the terms “NYTC”, “we”, “Advisor “, “our” or “us” refer to NYTC, and its designated affiliates and service providers, and the terms “you”, “customer” and “your” refer to any person or entity who uses the NYTC Site or NYTC Services. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the NYTC Site. You understand that your continued use of the NYTC Site or NYTC Services after a change has been posted constitutes acceptance of the amended terms and conditions. 

1. CONTENT USAGE RESTRICTIONS

All data and information available on or through the NYTC Site, NYTC’ 800 lines, and associated content are proprietary. Any form of redistribution, reproduction, or retransmission, whether in entirety or in part, whether in print or electronically via the Internet (including, but not limited to, other websites, newsgroups, bulletin boards, and forums) is strictly prohibited without the prior written consent of NYTC. 

2. PAYMENT CONDITIONS. NYTC

Services can be acquired using VISA or MasterCard credit or debit cards, Discover card, American Express card (“bank card”), or PayPal. Please note that NYTC will only process payments made in U.S. dollars. By filling out and submitting the required forms on the NYTC Site for purchasing NYTC Services, which may include designating a bank card for payment, you consent to an immediate charge or withdrawal from the account linked to the selected card for the purchase amount. Please be aware that all purchases are non-refundable. If applicable, store credit may be provided instead. 

3. REFUND POLICY

Please note that all NYTC Services are non-refundable unless explicitly specified otherwise on receipt. Refunds are only applicable to packages or programs that are clearly marked with a “Money Back Guarantee” in writing on receipt at time of purchase. In all other cases, packages or programs should be assumed as non-refundable. 

4. IN-STORE CREDIT 

The issuance of in-store credit for any NYTC Services is entirely at the discretion of NYTC. Please note that a previous grant of in-store credit does not guarantee or imply future provisions of such credit. Unless specifically stated, you should not anticipate a package and/or program being refunded in the form of in-store credit. 

5. ELIGIBILITY FOR MONEY BACK GUARANTEE 

A “Money Back Guarantee” is valid only for certain packages or programs where it is explicitly mentioned in writing. If you meet the qualifying conditions and the package or program fails to generate positive “net units” based on the win/loss/tie outcomes of all selections included in the package or program, you are entitled to a full refund of your investment for that specific package or program from NYTC. To be eligible, customers must actively participate throughout the entire duration of the applicable package or program. The Money Back Guarantee is exclusively applicable for customers who have paid the full price of the eligible package or program. Those who qualify for a refund must formally submit their request in writing within 14 days following the completion of the respective package or program. 

6. NO-CANCELLATION POLICY 

Once a package has been purchased and the initial selection from that package has been released to the customer, the package is non-cancellable under any circumstances. The package will run its course as per the original terms of purchase. Should a customer request a service suspension in writing, management has the right to approve and implement this suspension for future use. Please note that even in the case of management-approved suspensions, no refunds will be granted. 

7. DISCLAIMER: PAST PERFORMANCE AND FUTURE OUTCOMES 

Keep in mind, past outcomes are in no way a guarantee or predictor of future performance. Any forward-looking estimates are simply those, estimates. Sports betting inherently involves speculation and no assurance can be given of winning or profiting from our selections. The risk involved in sports betting is extremely high. We bear no responsibility for any inaccuracies or omissions in the information pertaining to typical results. It is possible for individuals to make little or no money, or even experience losses. Individual outcomes will vary significantly, influenced by your commitment, diligence, and ability to adhere to guidelines. As with any service, it is critical that you conduct your own due diligence before proceeding. 

8. LINE CONSISTENCY 

Each selection released is accompanied by a point spread, moneyline, run-line, props, and/or total (“Lines”) which forms the basis of the pick. Your ability to locate identical Lines does not qualify you for any guarantees. The evaluation of outcomes as Win / Loss / Tie is founded on the Lines that are provided by NYTC with the selection at the time it is released. In case a correction is publicized prior to the commencement of a game, the amended Lines will be used to assess the success of the pick. 

9. ACCESSING YOUR PURCHASED PICKS 

It is your responsibility to access your purchased picks each day during our normal business hours by calling 1-800-772-1287, or from outside United States at 1-410-602-9466. As a courtesy, but under no obligation, your purchased picks can sometimes be texted and/or emailed to you. You may also login to our website at NYTC.com and/or NYTC.com to retrieve your picks. If you do not have a user ID and password to access our site, please call 1-800-772-1287 and a customer service representative can set you up online to receive your picks. Due to technological issues and other possible unforeseen issues, you may not receive your purchased picks via text and/or email for one or more days. Your picks may also not be available for one or more days online via NYTC.com and/or NYTC.com. In the event you do not receive your picks via text, email and/or online by the below picks release time, it is your responsibility to call 800-355-3456 or from outside the country at 800-355-3456 to receive your horses/picks. Normal Business Hours: Monday through Friday, 10:00am EST to 7:00pm EST, Weekends, 9:00am EST to 1:00pm EST. Picks Release Times: Monday through Friday, 2:00pm EST. Weekends, 9:00am EST. In the event or unusually early scheduled games, the release times will be 10:00am EST Monday through Friday. Again, if you do not receive your picks by the release times, it is your responsibility to call in for your picks.  

10. CUSTOMER TESTIMONIALS

Selection and Wagering Terms. Each selection released by NYTC may be accompanied by applicable wagering terms or conditions (“Wagering Terms”). For horse racing selections, Wagering Terms may include the selected horse or horses, race, wager type (including Win, Place, Show, Exacta, Trifecta, Daily Double, Pick 3, Pick 4, Pick 5, Pick 6, or other available wagers), odds, morning-line odds, or other information provided with the selection. For sports and other game selections, Wagering Terms may include a point spread, moneyline, run line, puck line, total, prop, or other applicable line or market.

The outcome of each NYTC selection will be evaluated based on the selection and Wagering Terms provided by NYTC at the time the selection is released. The availability of identical odds, lines, prices, or wagering terms through any particular sportsbook, racetrack, wagering platform, or other source is not guaranteed and does not qualify a customer for any guarantee or refund. If NYTC publishes a correction or amendment before the applicable race or event begins, the corrected selection and/or Wagering Terms will be used to determine the result.

11. PROFESSIONAL SOBRIQUETS

For privacy reasons, NYTC principals and staff use professional sobriquets. No association with any real person with the same or similar name is intended or should be inferred. 

12. ADJUSTMENT OF UNIT RATINGS AND PREDICTIONS

All predictions released to customers will be unit-rated for money-management purposes. Advisors may alter the suggested unit rating by the company and advise a different unit rating based on Customer’s goals discussed with Customer’s Advisor. All Customers may not receive the same unit ratings on all picks. Furthermore, and according to Customer’s goals, Advisor may add, remove, or modify the suggested predictions based on Advisor’s expertise. 

13. ACCURACY OF INFORMATION

All predictions released to customers will be unit-rated for money-management purposes. Advisors may alter the suggested unit rating by the company and advise a different unit rating based on Customer’s goals discussed with Customer’s Advisor. All Customers may not receive the same unit ratings on all picks. Furthermore, and according to Customer’s goals, Advisor may add, remove, or modify the suggested predictions based on Advisor’s expertise. 

14. CUSTOMER SERVICE

If you discover any errors or have any problems with or related to the NYTC Site or NYTC Services, you should first contact NYTC by email at [email protected]. 

15. UNIT-GUARANTEE TERMS

Please be advised that we retain the authority to discontinue service after a six-month period in situations where unit guarantees were previously provided.

16. LIFETIME TERMS

Please note that any agreements referred to as “Lifetime” deals shall be considered to have a maximum duration of five years.

17. SERVICE TERMS

By using NYTC Services, you acknowledge and agree that NYTC expressly reserves the right to refuse to provide NYTC Services to you, at any time, for any reason deemed necessary to protect NYTC’ interest.

18. REGISTRATION

You may be required to register to use NYTC Services. Registration is subject to the terms and conditions set forth in this Agreement. When registering, you must provide us with true, accurate, current, and complete information as prompted on the forms on the NYTC Site and you must maintain and promptly update such information to keep it true, accurate, current and complete.

19. PASSWORD AND SECURITY

You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login and are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify NYTC of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, NYTC is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled “Registration.” 

20. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of Password protected and/or secure areas of the NYTC Site is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person to access using your password. Unauthorized individuals attempting to access these areas of the NYTC Site may be subject to prosecution. 

21. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL NYTC OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE NYTC SITE OR NYTC SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF NYTC OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

22. WARRANTIES. NYTC AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE NYTC SITE AND NYTC SERVICES TO YOU “AS IS” AND “AS AVAILABLE.” NYTC AND ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE NYTC SITE OR NYTC SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE NYTC SITE AND NYTC SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NYTC AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH NYTC SERVICES ARE PROVIDED OR REQUESTED THROUGH THE NYTC SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE NYTC SITE OR NYTC SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE NYTC SITE OR WITH NYTC SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE NYTC SITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE NYTC SITE OR NYTC SERVICES. 

23. INDEMNIFICATION

You shall indemnify, defend and hold harmless NYTC, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the NYTC Site or NYTC Services. NYTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NYTC.

24. COPYRIGHT AND TRADEMARKS

The content and all intellectual property pertaining the NYTC Site and NYTC Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by NYTC or third parties, and all right, title and interest therein and thereto shall remain the property of NYTC and/or such other third parties. The NYTC Site and NYTC Services may be used only for the purposes permitted by this Agreement or described on the NYTC Site. You are authorized solely to view and to retain a copy of the pages of the NYTC Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the NYTC Site, NYTC Services or any portion thereof for any public or commercial use without the express written permission of NYTC. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the NYTC Site (or printed pages thereof). The name NYTC and other names and indicia of ownership of NYTC’ products and/or services referenced on this site are the exclusive marks of NYTC. Other product, service and company names appearing on the site may be trademarks of their respective owners.  

25. VIOLATIONS OF RULES AND REGULATIONS

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement. 

26. ENTIRE AGREEMENT

This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and NYTC and supersedes and terminates all prior agreements or understandings you may have with NYTC. 

27. REPRESENTATIONS AND WARRANTIES

For customers purchasing a product from NYTC, these terms of service constitute the complete and exclusive representations by us regarding the product. Any statements regarding past performance and/or future projections of picks, predictions, and/or outcomes of events, from NYTC employees or it’s representatives, extending beyond what is detailed in these terms of service, specifically clause 7, should not be regarded as valid. Customers are advised to rely solely on the information explicitly provided within these terms of service. 

28. ASSIGNMENT

We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent. 

29. SEVERABILITY

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable. 

30. INTENDED USERS AND GOVERNING LAW

The NYTC Site and NYTC Services are directed to persons aged 18 and over. The NYTC Site and NYTC Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the NYTC Site and NYTC Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the NYTC Site and NYTC Services including, without limitation, the laws of your country of residence and the laws of the country in which the NYTC Services will ultimately be received. Each time you access the NYTC Site and/or use the NYTC Services, you represent and warrant to NYTC that such access and/or use is: (i) entirely legal for you and NYTC both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement. Any action related to the NYTC Site or NYTC Services will be governed by Maryland law without regard to its conflict of laws principles. All disputes relating to the NYTC Site or NYTC Services will be adjudicated in the State or Federal courts located in Maryland.